NARAYANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS habeas corpus petition was filed by Smt.Narayani wife of Gopi Ram stating that she is the grand daughter of Smt.Dhanni Devi widow of late Smt.Ram Chandraji. She has stated that she is the daughter of the only son of Ramchandra Meena and Dhanni Devi namely Ram Swaroop. It is the case of the petitioner that both Ramchandra Meena and his son Ram Swaroop have died. The petitioner case is that Smt.Dhanni Devi widow of Shri Ramchandra Meena has been detained by the respondent No.4 Madholal and his family members in her house and she is not allowed to move freely and even to visit the petitioner of her own free will. It was submitted that Smt.Dhanni Devi is an old aged lady, infirm and unable to look after herself. It was stated that the detenue Smt.Dhanni Devi is in the unlawful confinement in her own house at the hands of the respondent No.4 and his family members.

(2.) WE issued notice to the respondents and directed learned counsel for the State to produce the detenue before the court. In pursuance of our order dated 25.04.2012 Smt.Dhanni Devi has been produced before the court by Mr.Chauthmal, Sub Inspector, S.H.O. Police Station Sanjay Circle, Jaipur Metro and Ms.Priya Sharma, Lady Constable (Belt No.8028). From the side of the respondent No.4-Smt.Tulsi Devi wife of Madholal and two sons of Madholal namely Ramakant and Arjun are present. Smt.Narayani Devi, the petitioner is also present.

(3.) UNDER the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the State Government under Section 32 thereof has framed the Government of Rajasthan Maintenance of Parents and Senior Citizens Rules, 2010 which have been notified in the official gazette dated 18.06.2010. UNDER sub-rule (2) of Rule 1 it has been provided that they shall come into force from the date of their notification in the official gazette.